Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 263 Subsection 30(3) of LA FOIP provides that the head of the University of Saskatchewan or the University of Regina may refuse to disclose an individual’s personal information in certain circumstances. Subsection 30(3)(a) Individual’s access to personal information 30(3) The head of the University of Saskatchewan or the University of Regina may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of: (a) determining the individual’s suitability for: (i) appointment, promotion or tenure as a member of the faculty of the University of Saskatchewan or the University of Regina; (ii) admission to an academic program; or (iii) receipt of an honour or award; or … where the information is provided explicitly or implicitly in confidence. Subsection 30(3)(a) of LA FOIP provides the University of Saskatchewan and University of Regina ability to withhold personal information if it is evaluative or opinion material compiled for the purposes of: • Determining the individual’s suitability for: o An appointment, promotion, tenure as a member of the faculty; o Admission to an academic program; or o For the receipt of an honour or award; where the information was provided explicitly or implicitly in confidence. The following three-part test can be applied: 1. Is the information personal information that is evaluative or opinion material? To qualify as personal information, the information must be about an identifiable individual and must be personal in nature. Some examples are provided in subsection 23(1) of LA FOIP. See Section 23 in the Guide to LA FOIP, Chapter 6: “Protection of Privacy” for more explanation on what constitutes personal information.

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